Article 1 – Applicability

1. These general terms and conditions apply to all quotations, agreements, and deliveries of services by Rick Gude, hereinafter referred to as the 'Contractor', to the other party, hereinafter referred to as the 'Client'.
2. Deviations from these terms and conditions are only valid if expressly agreed upon in writing.

Article 2 – Quotations and Formation of Contract

1. All quotations from the Contractor are without obligation and valid for a period of 30 days, unless stated otherwise.
2. An agreement is concluded at the moment the Client approves the quotation in writing (or by e-mail).
3. If the Client provides an incomplete, incorrect, or altering briefing, the Contractor reserves the right to charge the resulting extra hours as additional work, after consultation with the Client.

Article 3 – Execution, Revisions, and Deadlines

1. The Contractor will execute the agreement to the best of their knowledge and ability and in accordance with the requirements of good workmanship.
2. Specified delivery times are always indicative and never to be considered as strict deadlines, unless expressly agreed upon in writing.
3. The quotation standardly includes 2 revision rounds. Major adjustments (such as changes to already approved storyboards, adjustments requiring re-rendering, or changes outside the original briefing) fall outside these revision rounds and will be billed as additional work at the applicable hourly rate.

Article 4 – Third Parties, Music, and Voice-overs

1. The Contractor may use the services of third parties (such as voice-over actors or sound studios) for the execution of the assignment.
2. Costs for licenses of (stock) music, sound effects, stock footage, or voice-overs are not included in the quotation by default, unless explicitly stated. These costs will be passed on to the Client.

Article 5 – Rates and Payment

1. All amounts mentioned are exclusive of VAT and other government levies.
2. Invoices must be paid within 14 days of the invoice date.
3. In the event of failure to pay within the stipulated period, the Client (if acting in the exercise of a profession or business) is legally in default and owes the statutory commercial interest. All reasonably incurred collection costs (with a minimum of 15% of the principal amount) will also be borne by the Client.

Article 6 – Intellectual Property and Copyright

1. The copyright and all other intellectual property rights to the designs, 3D models, animations, sketches, and concepts developed by the Contractor remain vested in the Contractor.
2. Upon full payment of the invoice, the Client obtains an exclusive license for the agreed use of the final product. The Client is not permitted to use, modify, or resell the work outside these agreed parameters without prior written permission.
3. The Contractor reserves the right to use the created work for their own promotional purposes, such as in a portfolio, on a website, or on social media, unless agreed otherwise in writing.

Article 7 – Source Files and Working Materials

1. Unless expressly agreed otherwise in writing in advance, (open) source files, project files, and working materials (such as, but not limited to, 3D models, animation projects, textures, and specific software files) are expressly not part of the products to be delivered. The Client is only entitled to the agreed final product (such as an exported video or image file).
2. The intellectual property of the source files created by the Contractor and the techniques and structures applied therein remains vested in the Contractor at all times.
3. If the Client requests the transfer of source files, the Contractor is not obliged to do so. If the Contractor agrees to this, a separate agreement must be concluded, subject to an additional fee (buy-out) to be determined by the Contractor.

Article 8 – Liability

1. The liability of the Contractor due to an attributable failure in the performance of the assignment is limited to compensation for direct damage, up to a maximum of the invoice amount of the assignment in question (excluding VAT).
2. Liability for indirect damage, expressly including consequential damage, lost profits, missed savings, loss of digital data or project files, and damage due to business stagnation, is excluded at all times.
3. The Client is responsible for a thorough final check of the delivered files prior to publication, reproduction, or commissioning. Any errors discovered after approval by the Client or after the work has been put into use are entirely at the Client's risk.

Article 9 – Force Majeure

1. The Contractor is not obliged to fulfill any obligation towards the Client if they are hindered from doing so as a result of a circumstance that is not due to fault, and is not for their account under the law, a legal act, or generally accepted views (force majeure).
2. Force majeure includes: power or internet outages, computer or hardware crashes where reasonably made backups have been lost, and illness of the Contractor.